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2011 (11) TMI 468 - AT - Income TaxRectification u/s 254 - mismatch between the commission income offered and TDS credit taken by the appellant - issue decided in favor of assessee in view of the decision in case of Smt. Varsha G Salunke v. DCIT [2005 (9) TMI 226 - ITAT BOMBAY-F] – Held that:- When this appeal had come up for hearing, it was an agreed position between the parties that so far as the addition in respect of commission is concerned, the said issue is covered by Smt. Varsha G. Salunke decision (supra). DR does not dispute that fact even today, but submits that this stand of the then DR, in accepting so, was not correct. That is a very unusual situation. Learned DR first concedes an issue as covered matter, and his successor is now in rectification petition and submits that his predecessor's stand was incorrect. The facts of the case in Smt. Varsha G. Salunke's case (supra) are indeed different but then the proposition of law which has been so laid down by the learned Third Member is of application in all situations dealing with this issue and not essentially confined to the situations in which timing dispute is the issue. A judicial precedent may lay down propositions which may have application in the same set of facts, or even the propositions which travel much beyond those facts and are of somewhat general applications. To the extent by no stretch of logic it can be concluded that holding that Varsha Salunke decision applies to the facts of this case constitute a mistake apparent on record & was certainly not a mistake on which no two views are possible, which is glaring and self-evident and which can, therefore, be covered by inherently limited scope of Section 254(2). Thus no merits in this rectification petition - Decided against the Revenue.
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